MEERA DEWAN Vs. SHAKUNTALA DEWAN

JUDGEMENT

(1.) It is not necessary to recapitulate the facts in detail as mentioned in the plaint or averred in the written statement. The issue involved in these two applications is legal issue and only those facts which have bearing on this issue would be stated.

(2.) The plaintiff has filed the suit for declaration and permanent injunction. The declaration is claimed, inter alia, to the effect that the plaintiff is the owner of the First Floor of property bearing No.73, Poorvi Marg, Vasant Vihar, New Delhi(hereinafter referred to as the 'suit property') by virtue of the Mutual and Companion wills of the father of the plaintiff and the defendant herein firstly executed on 14/07/1983 and thereafter on 24/07/1986 and further that the defendant is not entitled to sell, transfer or alienate the suit property in any manner whatsoever.

(3.) The father of the plaintiff and the defendant, who is the mother of the plaintiff, executed wills dated 14/07/1983. These are two separate wills which are described by the plaintiff as 'Mutual and Companion wills'. These wills are duly registered by the Sub-Registrar, Asaf Ali Road, New Delhi. In both the wills it is stated that the defendant and the father of the plaintiff are the joint owners in equal share of the suit property. In the will of the father of the plaintiff, he bequeathed his 50 per cent interest in the suit property to the brother of the plaintiff Sh.Raman Dewan subject to right of residence in the Ground Floor of the said property in favour of the defendant herein and the right to add by construction and the Second Floor to the sister of the plaintiff Mrs. Ritu Dewan alias Ritu Upadhaya. As per the will of the defendant herein, she bequeathed the First Floor of the suit property to the plaintiff subject to a right of residence in the First Floor including servants quarters on the First Floor of the property in favour of her husband, i.e. the father of the plaintiff; and the Second Floor including the servants quarter on the Second Floor to the sister of the plaintiff, Mrs. Ritu Dewan.